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Article 10 Part 1 Notes

Law Notes > European Human Rights Law Notes

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A more recent version of these Article 10 Part 1 notes – written by Oxford students – is available here.

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Article 10: Freedom of Expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

ARTICLE 10(1)

1. Justifications for Freedom of Expression Barendt:

1. Truth

2. Self-fulfilment

3. *Democracy:

*

Lord Steyn in ex Simms: "Lifeblood of democracy.."

1. Purpose of Convention is to promote democracy in western European States.

2. The Text of convention, the preamble itself, textual argument.

3. Text of art 10: expression rights may be restricted if necessary in democratic society. Handyside v UK (1979) "Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man. Subject to para. 2 of Article 10, it is applicable not only to "information" or "ideas" that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society".

2. The Scope of Article 10(1) A. A broad definition of 'expression' The Court takes a broad approach (Handyside UK) and will protect various types of expression because applies not only to content but also 'means of transmission' (: 1

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